Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital


The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduction on a total ban on smoking in the hospital and grounds, on the basis that it was contrary to the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 and a breach of his Article 8 right to private life. The case is an important development establishing the scope of Article 8 rights for people already lawfully deprived of their liberty. See the Supreme Court judgment summary here.